Oath taking of eleventh parliament members valid: HC

The High Court has scrapped the writ petition challenging the legality of taking oath by the eleventh national parliament election winners as members of parliament by not dissolving the tenth parliament. The hearing of the writ concluded on February 6.

In this regard the High Court bench comprising Justice Sheikh Hassan Arif and Justice Razik Al Jalil scrapped the writ on Monday.

On that day (February 6) the writ petitioner lawyers Barrister AM Mahbub Uddin Khokon and Sakib Mahbub took part in the hearing. Barrister AKM Ehsanur Rahman accompanied them. On the other hand Additional Attorney General Murad Reza and Md. Momtaz Uddin Fakir, Deputy Attorney General Motahar Hossain Saju and Mokhlesur Rahman and others stood for the state.

Parliament Speaker, Chief Election Commissioner and Cabinet Secretary were served legal notice on January 8 over the incident of challenging the legality of oath taking by the elected members of eleventh national parliament by not dissolving the tenth parliament according to the constitution.

Supreme Court Bar Association Secretary and BNP Joint Secretary General Barrister AM Mahbub Uddin Khokon sent the notice on behalf Supreme Court lawyer Md. Taherul Islam.

The notice said, according to the section 123(3) of the constitution there is provision to hold the oath taking by the newly elected parliament members by dissolving the previous parliament. As the section was not followed and the parliament members took oath again, in that case two parliaments are existing at the moment which is against the constitution.

Mentionable, as no answer was received then on January 15 Barrister AM Mahbub Uddin Khokon filed the writ with the concerned section of High Court. The hearing over the writ concluded on January 16 and on January 17 the High Court fixed the date for order. But the writ was scrapped showing reason as ‘not pressed’. Then Barrister AM Mahbub Uddin Khokon filed the writ petition afresh on the same ground.

AH